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Financial Institutions Committee
Adopted in House Comm. on Apr 28, 2010
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| AMENDMENT TO SENATE BILL 2996
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| AMENDMENT NO. ______. Amend Senate Bill 2996 as follows:
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| on page 113, line 10, by replacing "Section 5.5" with "Sections |
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| 5.5 and 12"; and
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| on page 122, immediately above line 5, by inserting the |
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| following:
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| "(205 ILCS 510/12 new) |
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| Sec. 12. Hold order. |
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| (a) For the purposes of this Section "hold order" means a |
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| written legal instrument issued to a pawnbroker by a law |
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| enforcement officer commissioned by the law enforcement agency |
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| of the municipality or county that licenses and regulates the |
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| pawnbroker, ordering the pawnbroker to retain physical |
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| possession of pledged goods in the possession of the pawnbroker |
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| or property purchased by and in the possession of the |
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LRB096 16388 RPM 40344 a |
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| pawnbroker and not to return, sell, or otherwise dispose of |
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| such property as such property is believed to be |
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| misappropriated goods. |
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| (b) Upon written notice from a law enforcement officer |
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| indicating that property in the possession of a pawnbroker and |
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| subject to a hold order is needed for the purpose of furthering |
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| a criminal investigation and prosecution, the pawnbroker shall |
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| release the property subject to the hold order to the custody |
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| of the law enforcement officer for such purpose and the officer |
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| shall provide a written acknowledgment that the property has |
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| been released to the officer. The release of the property to |
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| the custody of the law enforcement officer shall not be |
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| considered a waiver or release of the pawnbroker's property |
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| rights or interest in the property. Upon completion of the |
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| criminal investigation, the property shall be returned to the |
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| pawnbroker who consented to its release; except that, if the |
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| law enforcement officer has not completed the criminal |
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| investigation within 120 days after its release, the officer |
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| shall immediately return the property to the pawnbroker or |
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| obtain and furnish to the pawnbroker a warrant for the |
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| continued custody of the property. |
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| The pawnbroker shall not release or dispose of the property |
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| except pursuant to a court order or the expiration of the |
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| holding period of the hold order, including all extensions. |
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| In cases where criminal charges have been filed and the |
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| property may be needed as evidence, the prosecuting attorney |
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LRB096 16388 RPM 40344 a |
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| shall notify the pawnbroker in writing. The notice shall |
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| contain the case number, the style of the case, and a |
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| description of the property. The pawnbroker shall hold such |
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| property until receiving notice of the disposition of the case |
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| from the prosecuting attorney. The prosecuting attorney shall |
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| notify the pawnbroker and claimant in writing within 15 days |
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| after the disposition of the case.".
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